10.41. Res Judicata.

• Court: Kansas

Kansas Workers Compensation Settlement Reporter 10.41. Res Judicata SummariesChapter 1010.41 Res JudicataSeptember 1999. (Award) Principles of res judicata are available in workers compensation proceedings. See, ex., Neunzig v. Seaman U.S.D. No. 345 , 239 Kan. 654 (1986). In order for res judicata to apply to litigation, there must be: (1) a judgment on the merits in the earlier action, (2) identity of parties or privies in two suits, and (3) identity of cause of action in both suits. In the case at hand, the Board finds the claimant is merely trying to re-litigate claimant's entitlement to a permanent award and future medical treatment; such an attempt is inappropriate. Richards (Kelly) v. United Parcel Service, Docket No. 205,054. February 1999 (Ph) The defenses of res judicata and collateral estoppel are not defenses which go to the compensability of the claim. Therefore, the issue of whether respondent has proven either of those affirmative defenses is not a preliminary hearing issue that the Board may review at this juncture...